A Federal Capital Territory High Court has set July 13 as the date for its decision over the enforcement of a fundamental rights lawsuit filed by Godwin Emefiele, the Central Bank of Nigeria’s suspended governor.
The date was fixed by Justice Hamza Muazu after hearing from the parties involved in the case. Emefiele is challenging the powers of the Department of State Security (DSS) to keep him in their custody after he was nabbed.
The Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service are listed as the first, second and third respondents in the lawsuit.
In the course of the proceedings, Tijjani Ghazali SAN, the attorney of the AGF, informed the court that the first respondent is contesting the authority of the court to hear the applicant’s case.
He claimed that the decision of the DSS to arrest and detain Emefiele was made administratively and that the applicant’s request for relief would define the jurisdiction of the DSS.
Also, he argued that the CBN governor is being detained under the directive of an FCT Chief Magistrate Court, refuting the claim of wrongful detention.
In view of the above, he requested that the application be denied by the court.
On their parts, the second and third respondents, represented by counsel I. Awo, notify the court that there was a subsisting order to detain the applicant and urged the court to dismiss the application with costs.
However, Emefiele’s counsel, Joseph Daudu, SAN, argued that the offences levelled against Emefiele are state offences that could be presided over by the FCT High Court.
He stated that contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to preside over the matter.
On June 16, the court ordered Yusuf Bichi, the Director General of the Department of State Services, to grant Emefiele access to his lawyers and family.
The order was made by Justice Hamza Muazu of the FCT High Court, who also noted that Emefiele’s access to his family and lawyers constituted a constitutional right.
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